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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for persons performing certain |
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investigative services without a required license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 1702, Occupations Code, is |
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amended by adding Section 1702.135 to read as follows: |
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Sec. 1702.135. STRICT LIABILITY. A person who performs a |
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service described by Section 1702.104 without holding, at the time |
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of performing the service, a valid investigations company license |
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issued under this subchapter, and who is not exempt from the |
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licensing requirements of this subchapter, is strictly liable for |
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damages for personal injury, death, or property damage arising from |
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the service and for actual damages suffered as a direct result of |
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publishing or disseminating in any manner information gathered |
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during the service. |
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SECTION 2. The change in law made by this Act applies only |
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to liability for an event occurring on or after the effective date |
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of this Act. Liability for an event occurring before the effective |
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date of this Act is governed by the law in effect when the event |
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occurred, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |